National
Federation of the Blind 2001 Resolutions

Resolution
2001

01

WHEREAS,
the purpose of Title I of the Rehabilitation Act of 1973, as amended, is to
assist individuals with disabilities to obtain high-quality employment in the
integrated and competitive labor market; and

WHEREAS,
Congressional emphasis in the Rehabilitation Act on integrated and competitive
employment is well founded since its opposite, sheltered employment, has consistently
fallen short in providing individuals with career choices and social integration
while in contrast integrated competitive employment is more likely to provide
better pay, better career and advancement opportunities, and the chance to
participate directly in the social mainstream; and

WHEREAS,
on June 26, 2000, the Rehabilitation Services Administration in the United
States Department of Education, then administered by Dr. Frederic K. Schroeder,
proposed a change to the definition of employment outcome in the Vocational
Rehabilitation program; and

WHEREAS,
under the proposed rule state vocational rehabilitation agencies could no longer
close the case of a person placed in a sheltered workshop, thus concluding
services to that person, because sheltered employment could no longer be counted
as an "Employment Outcome"; and

WHEREAS,
the National Federation of the Blind enthusiastically supported the proposed
rule because it would assure continued eligibility for vocational rehabilitation
services for individuals who choose to work in sheltered workshops until they
obtain employment in the competitive labor force; and

WHEREAS,
operators of sheltered workshops fought the proposed rule with a vehemence
that could be motivated only by a significant financial stake in keeping their
workers sheltered for the long term, going so far as to describe the proposed
rule inaccurately to their sheltered workers by telling them that they would
no longer be allowed to work in a sheltered setting should the rule be adopted;
and

WHEREAS,
the Honorable Roderick R. Paige, Secretary of Education, has announced that
the Bush Administration endorses the new employment outcome regulation over
continued protests from sheltered-workshop operators, and the regulation will
become effective on October 1, 2001: Now, therefore,

BE
IT RESOlVED, by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization commend Secretary Paige for upholding the rule that
redefines an employment outcome in the vocational rehabilitation program; and

BE
IT FURTHER RESOLVED that this organization applaud Dr. Frederick K. Schroeder
for his leadership in developing the new regulation on employment outcome in
the vocational rehabilitation program and thank Dr. Schroeder for his dedication
to improving the lives of all blind people in America.

Resolution
2001

02

WHEREAS,
over six million Americans aged fifty-five and older have severely impaired
vision and more than half of all blind people are sixty-five or older, a population
figure that doubled within the last thirty years and will double again in the
next thirty; and

WHEREAS,
the increasing number of blind seniors creates an overwhelming demand for rehabilitation
services, which are critical to quality of life and independence, thus permitting
older blind Americans to continue living independent and active lives; and

WHEREAS,
these rehabilitation services are grossly underfunded, serving a mere 2 percent
of seniors, and no long-range plans exist to remedy this intolerable situation;
and

WHEREAS,
the void in quality rehabilitation services for the older blind creates huge
costs, such as those reported by the Alliance on Aging Research, which disclosed
that visual impairment is one of the top four reasons why seniors lose their
independence, contributing to medical and long term care costs of $26 billion
annually; and

WHEREAS,
the Medicare program Title XVIII of the Social Security Act provides health
insurance coverage paying for reasonable and necessary services consistent
with the goals of rehabilitation services for older blind Americans, but does
not cover rehabilitation services for blind individuals such as learning safe
travel, daily living skills, and use of adaptive aids and devices; and

WHEREAS,
Chapter 2 of Title VII of the Rehabilitation Act provides grants to designated
state agencies to provide independent living services for the older blind,
a well established and accountable system for the delivery of rehabilitation
services; and

WHEREAS,
this independent living program for the older blind is sorely under funded
at its current allocation of $20 million, an amount which funds services to
less than 5 percent of those who could benefit from these rehabilitation services;
and

WHEREAS,
Congressmen Towns and Frost have announced their intention to introduce legislation
which amends Title XVIII of the Social Security Act to include Medicare coverage
for rehabilitation services provided to older individuals who are blind and
which defines rehabilitation services as those services furnished or supervised
by a designated state vocational rehabilitation agency to an older blind individual
under Chapter 2 of Title VII of The Rehabilitation Act; and

WHEREAS,
Congressman Capuano announced his intention to re-introduce legislation amending
Title XVIII of the Social Security Act to include Medicare coverage of rehabilitation
service for the blind or "vision rehabilitation services," when such
services are provided or supervised by a physician, thereby allowing medical
practitioners to assert jurisdiction in the field of rehabilitation, which
is far beyond the scope of medical training; and

WHEREAS,
although the ability of medical doctors, ophthalmologists, and optometrists
to help maintain, enhance, or restore sight is a component necessary in treating
an individual's physical condition, learning to live as a blind person is not
a medical condition but a confluence of skills and attitudes best learned from
other blind people and qualified experts in rehabilitation: Now, therefore,

BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization commend Congressmen Towns and Frost for their leadership
in promoting legislation that will authorize Medicare to fund rehabilitation
services through qualified state agencies designated under the Rehabilitation
Act; and

BE
IT FURTHER RESOLVED that this organization urge Congress and the Bush Administration
to adopt this legislation during the current session of Congress; and

BE
IT FURTHER RESOLVED that this organization call upon Congressman Capuano to
refrain from introducing his bill and instead lend his support to the consumer-supported
Towns/Frost approach; and

BE
IT FURTHER RESOLVED that this organization vigorously oppose Congressman Capuano's
proposal and promptly advise Congress that this legislation represents an ill-conceived
and unacceptable approach.

Resolution
2001

03
was withdrawn by the sponsor.

Resolution
2001

04

WHEREAS,
state and local political jurisdictions are increasingly updating their antiquated
voting machines with electronic, computer based voting systems; and

WHEREAS,
the standards individual states develop and apply to approve or certify voting
systems rarely address the needs of blind voters; and

WHEREAS,
as a result virtually all electronic voting technology is unusable by as many
as eight million people who are blind or cannot use a print ballot; and

WHEREAS,
in the wake of the 2000 Election many Members of Congress have introduced bills
which seek to establish a federal grants program to modernize voting systems
used in federal elections, and state legislators across the country are likewise
considering various proposals to reform voting systems and procedures; and

WHEREAS,
many of these bills include language requiring nonvisual access to voting technology
purchased with the appropriated funds, thereby eliminating many of the barriers
which discourage blind people from exercising the most fundamental right of
citizenship -the right to vote; and

WHEREAS,
without requirements for nonvisual access specifically stated in applicable
laws, many states and local jurisdictions will likely purchase inaccessible
voting technology despite the availability of technology which provides for
both visual and nonvisual output, a result that has already occurred in numerous
jurisdictions such as the city of Philadelphia and the state of Florida: Now,
therefore,

BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization call upon the 107th Congress to require that voting
technology provide for both visual and nonvisual output as a condition for
the receipt of any federal funds appropriated for the purchase of such technology;
and

BE
IT FURTHER RESOLVED that this organization call upon state legislators quickly
to enact legislation requiring that voting technology purchased within the
state be accessible to blind and sighted voters alike.

Resolution
2001

05

WHEREAS,
The National Accreditation Council for Agencies Serving Blind and Visually
Impaired Persons (NAC) was founded in the 1960's with great huzzahs from the
professionals in the field of work with the blind and claims of intention to
accredit the universe of agencies serving the blind numbering more than 500;
and

WHEREAS,
NAC was ballyhooed as the entity that would bring professionalism and high
standards to the field of work with the blind, and many generous donors were
duped into financially supporting NAC, even though for the blind NAC was really
a wolf in sheep's clothing; and

WHEREAS,
the organized blind have known all along that NAC was actually founded as a
way for some professionals to validate one another in order to avoid listening
to blind consumers and considering changes in services to the blind, which,
in order to protect their professional positions, they saw as unacceptable
alternatives; and

WHEREAS,
thirty-four years after its founding, NAC has shrunk to the point that it accredits
agencies in only twenty-three states while twenty-nine states are NAC free,
and nearly one quarter of all accredited agencies are small city or county
based agencies in Florida; and

WHEREAS,
no one has ever heard of an agency's failing to meet NAC's standards and being
unaccredited for that reason, even though during NAC's existence there have
been numerous instances of poor service to the blind far beyond reasonable
and tolerable exceptions, including several findings of professional and criminal
misconduct resulting from high profile investigations of agencies accredited
by NAC; and

WHEREAS,
NAC's standards seem largely to consist of an agency's willingness to pay NAC's
high membership fees although numerous instances exist of accredited agencies'
ceasing their payment of dues and remaining accredited, leading to the question
whether anything at all will cause NAC to unaccredit an agency since neither
discreditable behavior nor nonpayment of dues appears to do so; and

WHEREAS,
none of the state vocational rehabilitation agencies is accredited by NAC because
the agencies choose not to associate themselves with NAC; and

WHEREAS,
of the seventy-one schools for the blind, only eleven (15 percent) are accredited,
and the rest choose not to affiliate with NAC; and

WHEREAS,
of the eighty sheltered workshops for the blind, only thirteen (16 percent)
are accredited, and the rest choose not to affiliate with NAC; and

WHEREAS,
ninety agencies once affiliated with NAC have now terminated this relationship,
leading to the absurd situation that twice as many agencies as are now accredited
have affiliated and then voluntarily disaffiliated from NAC and to the preposterous
condition that, thirty-four years into its existence, NAC accredits less than
10 percent of the universe it so proudly defined for itself at its inception;
and

WHEREAS,
despite this ludicrous list of failures and dismal performance NAC struggles
on, continuing to pretend to its few adherents that they are getting something
for the high fees they pay while over 90 percent of the field does not think
of NAC from one year's end to the next and, when reminded, usually asks: "NAC?
Are they still around?": Now, therefore,

BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization declare NAC to be an artifact of the past and not relevant
to the needs of the blind in the twenty-first century; and

BE IT FURTHER
RESOLVED that this declaration -"no more NAC" -be
proclaimed throughout the field of work with the blind since NAC now exists
on life support only and provides no value whatsoever to the blind or the agencies
that serve the blind anywhere in the United States.

Resolution
2001

06

WHEREAS,
successful vocational rehabilitation of blind people in most cases includes
pre vocational training in adjustment to blindness, including the alternative
techniques and positive attitudes which are essential for achievement by capable
blind people; and

WHEREAS,
this pre vocational training can be provided by a state agency serving the
blind as one of the many services offered by the agency or the same training
can be purchased by the state agency from another program often known as a
third party provider but, in either case, quality service costs the same, including
the costs of administering the program; and

WHEREAS,
blind people served by state vocational rehabilitation agencies are empowered
by law to choose among providers available, but the exercise of a free choice
can be inhibited if costs are computed differently for services provided by
the state agency and by third party providers; and

WHEREAS,
when beneficiaries who receive disability insurance or Supplemental Security
Income benefits become employed and leave the rolls, the Social Security Administration
can reimburse state vocational rehabilitation agencies for the cost of services
provided, but the policies used can result in excluding some of a state agency's
administrative costs from the reimbursement; and

WHEREAS,
a common basis for comparing both direct and indirect costs of all providers
of adjustment services is needed in order to support the choice requirements
and also to assure that state agencies can obtain full reimbursement for the
cost of services from the Social Security Administration: Now, therefore, BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization call upon the Social Security Administration (SSA) and
the Rehabilitation Services Administration (RSA) to develop policies and guidelines
to assure that reimbursement for the cost of vocational rehabilitation services
is fully paid to state agencies without regard to the individual's choice of
a provider.

Resolution
2001

07

WHEREAS,
insurance policies designed to pay long term care expenses for seniors have
become a popular form of insurance protection in the United States; and

WHEREAS,
long term care insurance is becoming more and more essential as life expectancy
increases and the costs of care continue to rise, leaving far too many seniors
financially destitute during the later years of life; and

WHEREAS,
long term care insurance is needed by blind people for the same reasons that
sighted people purchase this coverage, but outright refusal to sell this form
of insurance to blind people is entirely too common throughout the insurance
industry; and

WHEREAS,
approximately thirty-four states have enacted laws or regulations intended
to prohibit discrimination against the blind in insurance, including prohibitions
on refusing to sell life and health insurance to blind people and prohibiting
higher rates for this coverage; and

WHEREAS,
these laws and regulations are based on a model fair trade practice regulation
adopted more than twenty years ago by the National Association of Insurance
Commissioners in a collaborative effort with the National Federation of the
Blind; and

WHEREAS,
regardless of the policy of prohibiting discrimination based on blindness in
insurance, some state regulators have failed to compel insurance companies
to sell long term care coverage to blind people, thus allowing the industry
to practice discrimination against the blind in this particular area: Now,
therefore,

BE IT RESOLVED
by the National Federation of the Blind in convention assembled this seventh
day of July, 2001, in the City of Philadelphia, Pennsylvania, that this organization
condemn and deplore the practice of insurance companies' refusing to sell long
term care coverage to blind people; and

BE IT FURTHER
RESOLVED that this organization bring this growing form of discrimination to
the attention of the National Association of Insurance Commissioners with the
request that NAIC and the states take prompt and effective action to prohibit
discrimination against the blind in obtaining any form of insurance coverage,
whether for long term care or otherwise.

Resolution
2001

08
was voted down by the committee.

Resolution
2001

09

WHEREAS,
the Architectural and Transportation Barriers Compliance Board (ATBCB) established
the Public Rights of Way Access Advisory Committee (PROWAAC) to consider and
propose new regulations to define the building and re building of these rights
of way such as streets, sidewalks, and other outdoor public areas so that individuals
with disabilities can access them; and

WHEREAS,
PROWAAC has issued its recommendations to the ATBCB in a final report called
"Building a True Community"; and

WHEREAS,
this report includes a definition and also a set of requirements for installation
of detectable warnings, raised truncated domes in a strip two feet wide in
the direction a person is walking and as wide as the curb ramp or the adjacent
sidewalk and painted bright yellow (or some other color highly contrasting
with the surroundings of the domes); and

WHEREAS,
these raised truncated domes are thought by some to give the blind pedestrian
a tactile warning underfoot that something hazardous lies ahead; and

WHEREAS,
a majority of the PROWAAC members voted to recommend a standard calling for
the installation of these bright yellow truncated domes at all intersections,
alleyways, hazardous vehicular ways (whatever those are), and reflecting pools
in America; and

WHEREAS,
creation of a rule to require installation of these domes everywhere must rest
on proof that blind people need and must have these truncated domes universally
installed in order to use the public rights of way, rendering their compelled
installation a civil right for blind people; and

WHEREAS,
The majority vote for universal installation of truncated domes was cast in
the belief that all public rights of way without such brightly colored tactile
markings are unsafe for blind people and that taxpayer dollars must be devoted
to universal installation of such colored domes; and

WHEREAS,
blind people in America now use the public rights of way without difficulty
most of the time, rendering the report's recommendation both wrong, as unnecessary,
and grossly expensive, as out of proportion to the need which could bring the
entire regulation, if enacted, under fire in the courts and city halls of America;
and

WHEREAS,
the National Federation of the Blind filed a minority report advocating that
detectable warnings be placed only at intersections at which the approach to
the street is at a slope of one inch downward for every fifteen inches of sidewalk,
commonly called a slope of 1:15 or flatter; and

WHEREAS,
intersections with an approach to the street of 1:15 are virtually flat and
are places where it is therefore difficult for a blind person to determine
when the sidewalk ends and the street begins; and

WHEREAS,
intersections with street approaches which slope at an angle steeper than 1:15
are readily detectable underfoot whether the blind person is using a cane,
a dog, or no mobility tool whatsoever, and therefore do not require the installation
of expensive truncated dome strips to insure that blind people detect the street;
and

WHEREAS,
the PROWAAC final report is not an enforceable regulation and will never be
one unless the ATBCB and the United States Department of Justice choose to
enact it or parts of it as a regulation; and

WHEREAS,
the PROWAAC committee members are now drafting technical guidance documents
as if the report had been adopted into final regulation: Now, therefore,

BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization urge the ATBCB to reject the majority's position on
truncated domes in the PROWAC report as unnecessary and therefore not required
by law and to adopt the minority report filed by the National Federation of
the Blind as its regulation with respect to detectable warnings; and

BE
IT FURTHER RESOLVED that this organization demand that the ATBCB order the
PROWAAC to halt the drafting of technical guidance until final regulations
have been promulgated.

Resolution
2001

10

WHEREAS,
Congress established the Vocational Rehabilitation (VR) Program to serve as
the primary vehicle to assist individuals with disabilities to obtain high-quality
employment in the integrated labor market; and

WHEREAS,
ticket to work, welfare to work, work force investment, and other federal programs
aimed at transitioning individuals with disabilities into the labor market
have placed increased demands on VR programs; and

WHEREAS,
other demands on the VR program such as assistive technology used to obtain
and maintain employment, the dramatic rise in the cost of college tuition,
and the higher expectations among individuals with disabilities to be gainfully
employed have stretched current VR dollars beyond capacity; and

WHEREAS,
the basic funding formula for the federal state vocational rehabilitation partnership
is quite complex and sensitive to changing conditions including population
and state per capita income; and

WHEREAS,
Congress added what was intended to be a cost-of-living increase to the vocational
rehabilitation program, but population and income changes have resulted in
bizarre unintended consequences when the formula is applied to the annual appropriation,
such as some states receiving less than the specified cost-of-living increases
while others get a windfall and also resulting in some states receiving less
in actual dollars than they received in the previous fiscal year while other
states receive windfall funds that go far beyond the cost living adjustment;
and

WHEREAS,
without adequate funding, including Congressionally intended cost-of-living
adjustments, vocational rehabilitation agencies cannot serve all the individuals
with disabilities who want to work; and

WHEREAS,
thirteen state directors of vocational rehabilitation have formed the Coalition
on Federal Funding Issues dedicated to securing the federal dollars necessary
to carry out the purposes of vocational rehabilitation; and

WHEREAS,
when properly supported, the vocational rehabilitation program can result in
work productivity, higher tax revenues, lower public assistance costs, and
enhanced quality of life for people with disabilities; Now therefore,

BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization support the efforts of the Coalition on Federal Funding
Issues by calling upon Congress to ensure that no state loses actual federal
dollars for vocational rehabilitation from one year to the next by implementing
a "hold harmless" protection policy; and

BE
IT FURTHER RESOLVED that this organization call upon Congress to provide a
full cost-of-living adjustment to all state vocational rehabilitation programs
and state agencies for the blind in future fiscal years and appropriate an
additional 10 percent above the cost of living for fiscal year 2002 in order
to support new and needed VR services.

Resolution
2001

11

WHEREAS,
work with the blind in America is in urgent need of high quality blindness
specialists who can inspire and empower all blind people, a need graphically
demonstrated by the fact that between 70 and 80 percent of working age
blind Americans are unemployed; and

WHEREAS,
certification of blindness specialists by AER (the Association for Education
and Rehabilitation of the Blind and Visually impaired) has been the only certification
program available to blindness specialists throughout the United States; and

WHEREAS,
the certification function conducted by AER has now been shifted to the Academy
for Certification of Vision Rehabilitation and Educational Professionals (the
Academy), which has replaced AER certification in name but not in substance,
being nothing more than AER warmed over; and

WHEREAS,
regardless of the name of the certifying body, the oppressive nature it represents
has had a long history of practicing blatant discrimination against qualified
blind O & M instructors- until
recently, AER refused outright to certify any blind person as an O & M
specialist, and most of those so far considered for certification still primarily
rely upon visual methods for instruction, making the Academy a meaningless
certification for aspiring blind teachers who personally use the alternative
techniques of blindness and would teach those techniques to their students;
and

WHEREAS,
since AER was the only certifying body in work with the blind for many years,
it must accept the responsibility (as it would surely take the credit if the
numbers were different) for the high unemployment rate among the blind since,
if its certification truly signaled high quality outcomes, the unemployment
rate for blind people would be considerably lower; and

WHEREAS,
despite the undistinguished record chalked up by AER certification and its
equally long record of discriminating against the blind, AER has been successful
in convincing some state education and rehabilitation agencies to require certification
by AER and now the Academy as a condition of employment; and

WHEREAS,
a need has long been felt in work with the blind for certification that does
not have a record of discrimination and that does emphasize the capabilities
of the blind to teach the blind so that they can be employed at the same rate
as their sighted peers; and

WHEREAS,
to offer a positive and progressive alternative to AER/Academy certification,
a new certifying body, the National Blindness Professional Certification Board
(NBPCB), has been established and will begin by certifying O & M specialists
who have passed a performance based
certification examination, including two additional exams designed to demonstrate
the candidate's positive philosophy of blindness and grasp of the professional
body of knowledge in the field of O & M; and

WHEREAS,
high quality specialists with National Orientation and Mobility Certification
(NOMC) will automatically be barred from employment in programs which specify
AER/Academy certification as the only acceptable certification: Now, therefore,

BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization continue its long-standing support for professionals
in the field of work with the blind who have a commitment to excellence in
outcomes, regardless of whether these professionals are certified; and

BE IT FURTHER
RESOLVED that this organization urge all state education and rehabilitation
agencies that rely upon nationally recognized certification to accept the principle
that high quality service to blind people demands acceptance of all nationally
recognized certifying authorities, particularly the performance based
NBPCB, rather than continuing to rely exclusively on the AER/Academy process,
which has distinguished itself by a dismal record of accomplishment for which
its certified professionals are accountable.

Resolution
2001

12

WHEREAS,
recognizing that the efficient use of technology is absolutely critical for
employment and full participation by America's citizens in what has come to
be called the Information Age, Congress enacted section 508 of the Rehabilitation
Act in 1998 to require that all technology purchased, developed, or maintained
by the federal government be accessible to people with disabilities, including
the blind, and

WHEREAS,
this landmark legislation changes the previous emphasis in federal law from
the separate-but-equal mentality embodied in providing alternatives to the
blind without necessarily modifying the technology or programs so that they
are directly useable, to recognizing that true equality in the information
age means purchasing equipment and services designed for use by everyone, including
the blind; and

WHEREAS,
regulations to implement section 508 became effective on June 21, 2001, covering
electronic and information technology purchased, developed, or maintained by
federal agencies on or after that date; and

WHEREAS,
in keeping with the spirit of these regulations many federal agencies are now
not only updating their procurement procedures for new equipment but also making
their Web sites and other information resources accessible even though some
of these actions may not actually be covered in view of the effective date
of section 508; and

WHEREAS,
the enforcement and implementation of this Act are the responsibility of all
departments and agencies of the federal government, with leadership, coordination,
and technical assistance provided by the General Services Administration, the
Department of Justice, and the Architectural and Transportation Barriers Compliance
Board; and

WHEREAS,
the lack of centralized implementation and enforcement creates the very real
possibility of widely varying standards and enforcement within the federal
government with the potential to undermine both the intent and the implementation
of the law: Now, therefore,

BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization commend those agencies undertaking significant efforts
to implement section 508 both in letter and in spirit and encourage all agencies
to do so, not only in complying with mandated procurement changes, but also
in updating their electronic and information technology so that it is equally
accessible to the blind and the sighted; and

BE IT FURTHER
RESOLVED that this organization call upon the Congress and the Bush Administration
to demand the cooperation of all departments and agencies of the federal government
in adopting policies and procedures to ensure the fair and uniform government
wide application of this important law.

Resolution
2001

13

WHEREAS,
the Architectural and Transportation Barriers Compliance Board (ATBCB) established
the Public Rights of Way Access Advisory Committee (PROWAAC) to consider and
propose new regulations to define the building and re building of rights of
way such as streets, sidewalks, and other outdoor public areas so that individuals
with disabilities can access them; and

WHEREAS,
PROWAAC has issued its recommendations to the ATBCB in a final report called
"Building a True Community"; and

WHEREAS,
this report addresses the issue of Accessible Pedestrian Signals (APS's), which
are electronic devices that alert the blind pedestrian in an audible or vibro
tactile manner when the traffic signal has changed so that it is safe to walk;
and

WHEREAS,
a majority of the PROWAAC recommended a standard which would, in effect, call
for the installation of APS's at every intersection where a traffic-control
device provides visual information when a pedestrian may safely cross; and

WHEREAS,
according to the majority standard each APS will be placed on a separate pole
and will have a locator tone; and

WHEREAS,
at a standard four-way intersection eight new poles and eight electronic devices
will emit a high pitched tone into the intersection; and

WHEREAS,
the Federation filed a minority report urging that the ATBCB adopt a much narrower
policy defining when APS's should be mandated; and

WHEREAS,
the National Federation of the Blind has passed two recent resolutions addressing
the question of when APS's should be mandated; and

WHEREAS,
in summary Federation policy states that APS's should be installed only when
the built environment does not provide sufficient nonvisual clues to allow
a blind pedestrian to know when to cross safely and that APS's should be vibro
tactile only so that extra, unneeded noise will not be introduced into the
environment: and

WHEREAS,
creation of a rule to require installation of these accessible pedestrian signals
everywhere must rest on proof that such devices must be universally installed
in order for blind people to use the public rights of way, rendering compelled
installation a civil right for blind people; and

WHEREAS,
the majority vote for universal installation of accessible pedestrian signals
was cast in the belief that all public rights of way without such signals are
unsafe for blind people and that taxpayer dollars must be devoted to universal
installation of such devices; and

WHEREAS,
blind Americans now use the public rights of way without difficulty most of
the time, rendering the report's recommendation both wrong as unnecessary and
grossly expensive ($4,000 for a standard intersection) as out of proportion
to the need, which could bring the entire regulation, if enacted, under fire
in the courts and city halls of America; and

WHEREAS,
the PROWAAC final report is not an enforceable regulation and will never be
one unless the ATBCB and the United States Department of Justice choose to
enact it or parts of it as a regulation; and

WHEREAS,
PROWAAC committee members are now drafting technical guidance documents as
if the report had been adopted into final regulation: Now, therefore,

BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization urge the Architectural and Transportation Barriers Compliance
Board to adopt the minority report filed by the National Federation of the
Blind as its regulation about when and how accessible pedestrian signals should
be mandated; and

BE
IT FURTHER RESOLVED that this organization call upon the ATBCB to order PROWAAC
to cease and desist the drafting of any technical guidance until actual regulations
have been adopted.

Resolution
2001

14

WHEREAS,
the Consortium for Citizens with Disabilities (CCD) purports to speak for persons
with disabilities in Washington and attempts to portray itself as the representative
voice of everyone with disabilities, including the blind; and

WHEREAS,
contrary to this publicly assumed persona, the CCD does not actually represent
disabled Americans at all and adopts its positions without regard to the views
of people with disabilities; and

WHEREAS,
the CCD is composed of service providers and employers of disabled people,
a worthy and socially functional role but not the same as representing disabled
people any more than the executives of large car companies can claim to represent
the workers at auto companies; and

WHEREAS,
in expressly deciding to oppose legislation to prohibit subminimum wage payments
to the blind, the CCD has demonstrated its true loyalty to service-providing
agencies, including sheltered workshops, rather than being a strong advocate
for blind people; and

WHEREAS,
the CCD cannot fairly represent the views of disabled people when none of its
leaders have been elected by the disabled and most of them are not disabled
and are not legally or actually accountable to people with disabilities; and

WHEREAS,
it is not reasonable to think that a single organization purporting to speak
for the disabled can simultaneously represent the views of the providers and
employers of disabled people while at the same time fairly and vigorously representing
the views and concerns of disabled people themselves: Now, therefore,

BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization condemn and deplore opposition by the Consortium for
Citizens with Disabilities to the legislative priorities promoted by blind
Americans; and

BE
IT FURTHER RESOLVED that this organization strongly advise Congress that the
policies and opinions of the CCD do not in any way represent those of the organized
blind who, as demonstrated by this resolution, form our own policies and opinions
in convention assembled--in fact, the opinions and policies of the CCD can
be and in some cases are detrimental to the interests of the blind, as in the
case of the subminimum wage.

Resolution
2001

15

WHEREAS,
two broad categories of unspoken information are presented on television screens;
and

WHEREAS,
the first category includes essential facts such as health information in advertisements,
identities of speakers in news broadcasts, and emergency weather and evacuation
information; and

WHEREAS,
the second category includes entertainment such as plot action, scenery, and
costumes; and

WHEREAS,
while the National Federation of the Blind has never opposed and does not now
oppose described entertainment on television--maintaining only that the information
beneficial to the safety, health, and well being of blind people is of greater
importance; and

WHEREAS,
virtually all the informational text, including emergency announcements appearing
on television screens, is created by a video character generator, a device
(used by every producer of television material and every television broadcasting
entity) which receives text from a personal computer; and

WHEREAS,
with development of appropriate hardware and software, a personal computer
could automatically and simultaneously send text to the video character generator
for display on the television screen and the synthetic speech equivalent of
that text to the secondary audio program (SAP) channel; and

WHEREAS,
because providing information beneficial to the safety, health, and well being
of blind people is of greater importance than descriptions of entertainment,
the National Federation of the Blind, the nation's largest organization of
blind people, has sought a federal requirement that television stations broadcast
spoken versions of emergency information and all other text information printed
to the television screen; and

WHEREAS,
in recognition of the urgent importance of the health, safety, and civic information
printed to television screens, the National Federation of the Blind, while
not opposing voluntary description of entertainment, has twice adopted resolutions
opposing a federal mandate for described entertainment, seeking instead a federal
mandate to voice described information such as the health, safety, and civic
information printed to television screens; and

WHEREAS,
the Federal Communications Commission regrettably failed to consider the health,
safety, and civic interests of blind people more important than described entertainment
and adopted a rule requiring networks and large cable companies to provide
approximately four hours per week of described entertainment on the SAP channel
by April of 2002; and

WHEREAS,
while considerable private and governmental funding has been available for
the description of entertainment on television, none has been provided for
nonvisual access to vital information printed to television screens; and

WHEREAS,
resources to provide nonvisual access to vital informational text displayed
on television screens will not be brought to bear without either a federal
mandate or voluntary industry wide compliance: Now, therefore,

BE IT RESOLVED
by the National Federation of the Blind in convention assembled this seventh
day of July, 2001, in the City of Philadelphia, Pennsylvania, that this organization
call upon the Federal Communications Commission, the Corporation for Public
Broadcasting, the U.S. Department of Education, and the broadcast industry
to recognize the vital nature of the health, safety, and civic information
printed to television screens and to work with the National Federation of the
Blind to develop a simple and cost effective process for voicing all health,
safety, and civic information printed to television screens; and

BE
IT FURTHER RESOLVED that this organization call upon the Federal Communications
Commission to engage in rule making which gives priority to and strengthens
the mandate for nonvisual access to vital health, safety, and civic information
printed to television screens.

Resolution
2001

16

WHEREAS,
entities that produce Braille versions of musical scores and other material
comprised in whole or in part of musical scores are required to seek copyright
permission from publishers before transcribing such material into Braille and
other specialized formats; and

WHEREAS,
section 121 of the Copyright Act permits reproduction of nondramatic literary
works in specialized formats without permission from publishers, but this policy
does not apply to musical scores; and

WHEREAS,
because of the copyright permission requirement, blind students and musicians
report frequent delays in receiving needed material if they receive it at all;
and

WHEREAS,
music publishers maintain that copyright protection is essential to prevent
piracy; and

WHEREAS,
in a manner analogous to section 121 of the Copyright Act, the transcription
into Braille of musical scores and related material containing musical scores
can be accomplished in a way that also protects the interests of the copyright
owners to the same extent that the publishers of non dramatic literary works
are protected, even though transcription into specialized formats is allowed:
Now, therefore,

BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization request support and assistance from the National Music
Publishers Association and other organizations and members of the music publishing
industry in order to secure a means of expedited approval whenever Braille
transcription of musical scores is needed; and

BE
IT FURTHER RESOLVED that this organization express its intent to secure further
amendments to section 121 of the Copyright Act in the event that delays in
the transcription of musical scores into Braille cannot be resolved by other
means.

Resolution
2001

17

WHEREAS,
through proper and effective training, the guide dog has provided blind people
with a reliable means of mobility for more than 72 years; and

WHEREAS,
using a guide dog, a blind person can move anywhere in pursuit of education,
employment, or a better way of life; and

WHEREAS,
at present guide dogs are the only animals that can be appropriately trained
to meet the diverse travel and social needs of blind people; and

WHEREAS,
in the past year at least one organization, the Guide Horse Foundation located
in Kittrell, North Carolina, has proposed the use of miniature horses as an
alternative to guide dogs; and

WHEREAS,
guide animals must be able to function acceptably in diverse urban and rural
settings, and the inability of guide horses to do so will necessarily limit
the mobility of any blind user; and

WHEREAS,
the Guide Horse Foundation maintains that an advantage of the guide horse over
the guide dog is its 30 year life span, but to benefit from this so called
advantage, the blind owner would be restricted to a limited environment, suited
to the needs of a horse and not to the needs of a person; and

WHEREAS,
the whole idea of an inappropriate animal like a horse being used as a guide
animal threatens the universal applicability of access laws to protect the
civil rights of blind people in public accommodations, including hotels, restaurants,
busses and airplanes; and

WHEREAS,
the organized blind have fought long and hard to secure access to public accommodations
by blind people using properly trained guide dogs, and this investment must
not now be squandered by the use of inappropriate animals: Now, therefore,

BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization oppose the use of guide animals that cannot meet the
diverse travel and social needs of the blind in the twenty-first century; and

BE
IT FURTHER RESOLVED that we reaffirm the fundamental right of blind people
to use properly trained guide dogs and oppose any efforts, such as the use
of inappropriate animals, which would degrade this right.

Resolution
2001

18

WHEREAS,
during the second session of the 106th Congress, the National Federation of
the Blind called for enactment of federal legislation to improve access to
instructional materials for blind children in elementary and secondary schools;
and

WHEREAS,
this proposal called upon textbook publishers to provide their products in
the form of electronic text which could then be readily converted into Braille
and other specialized formats allowed under the Copyright Act; and

WHEREAS,
the Association of American Publishers, the American Foundation for the Blind,
the American Printing House for the Blind, RFB and D, the National Library
Service for the Blind and Physically Handicapped, and other agencies responsible
for preparing instructional materials in specialized formats all expressed
interest in this proposal and joined in serious negotiations to achieve broad
consensus on the specific language of the legislation; and

WHEREAS,
this effort has now resulted in a draft bill entitled the Instructional Materials
Accessibility Act of 2001, which is ready for submission to the Congress, including
a commitment by publishers to place electronic copies of all textbooks and
related instructional materials on file with a National Instructional Materials
Access Center to be established by this legislation; and

WHEREAS,
by creating a process which will lead to establishment of a national format
to be used by both publishers and producers of specialized books for the blind,
this historic agreement can also serve as a catalyst to promote greater access
for the blind to all forms of published information far beyond materials used
in the classroom: Now, therefore,

BE
IT RESOLVED by the National Federation of the Blind in convention assembled
this seventh day of July, 2001, in the City of Philadelphia, Pennsylvania,
that this organization express high praise and commendation to the Association
of American Publishers, the American Foundation for the Blind, the American
Printing House for the Blind, RFB and D, and the National Library Service for
the Blind and Physically Handicapped for their particularly strong and sustained
efforts in working constructively with the National Federation of the Blind
to develop the Instructional Materials Accessibility Act, which should now
be enacted by Congress; and

BE
IT FURTHER RESOLVED that we urge the Congress to acknowledge the need for improved
methods of providing instructional materials to America's blind students by
enacting the Instructional Materials Accessibility Act before this session
of Congress adjourns; and

BE
IT FURTHER RESOLVED that we invite the organizations principally responsible
for this legislation to continue this effort by working on other arrangements
for access to electronic copies of books and other information published for
general circulation.

Resolution
2001-19 was withdrawn by the sponsor

with
the permission of the Convention.

RESOLUTION
2001

20

WHEREAS,
Congress is planning to consider legislation to offset the costs of prescription
drugs needed by senior citizens; and

WHEREAS,
if this legislation is enacted, the federal government will assume significant
new responsibilities for health-care policy and coverage; and

WHEREAS,
labels on prescription drugs prepared at the pharmacy counter are in print
only and do not provide blind people with access to essential information such
as identification information in order to tell one prescription from another
and the directions needed for proper use of the medication; and

WHEREAS,
microchip technology and synthetic speech can now be used to create audio access
to labels, including specific directions for use of the medicine, and such
technology is available for distribution on a large scale at a reasonable cost;
and

WHEREAS,
federal involvement in meeting prescription drug costs should include requirements
for accessible information since doing so would meet an important need and
would not impose unreasonable costs on providers or consumers: Now, therefore,

BE IT RESOLVED
by the National Federation of the Blind in convention assembled this seventh
day of July, 2001, in the City of Philadelphia, Pennsylvania, that this organization
endorse and insist upon accessible prescription labeling to be included as
a requirement in federal legislation to offset the costs of prescription drugs
for seniors.